CBRE FM Cloud Product and Products accessed through the CBRE FM Cloud

Terms of Use

issued by CBRE MANAGED SERVICES LIMITED (“CBRE”)

Use of the CBRE FM Cloud product and all products accessed through the CBRE FM Cloud product are subject to the terms and conditions set out below.  You will not be able to use the CBRE FM Cloud product or any of the products accessed through the CBRE FM Cloud product unless you have agreed to these terms and conditions by confirming you accept them when you first log in or when you log in after an update has been made. Please print off and keep a copy.

Some definitions are used in these terms and conditions, as follows:

the Client the organisation to whom CBRE is providing facilities management services and in respect of which you are either an employee, consultant or other contractor;

Documentation the manuals and other documentation provided by CBRE from time to time concerning the Products and their use;

Intellectual Property Rights all intellectual and industrial property rights, including patents, rights in registered and unregistered trade marks (including domain names), rights in registered and unregistered designs, utility models, trade or business names, confidential information, know-how, database rights, topography rights, passing-off rights, and copyright (including moral rights), performer protection rights or other industrial, intellectual or commercial rights (including rights in any invention, discovery or process), and applications for registration of any of the foregoing, and the right to apply therefor, in each case in any part of the world;

Password the password(s) and any other forms of keys, access code(s) or numbers allocated by CBRE to you, to allow you access to the Products;

Products the hosted software products owned by (i) CBRE including, but not limited to, the product known as the CBRE FM Cloud and all products owned by CBRE that are accessed through the CBRE FM Cloud product including, but not limited to, the products known as WebQuote, Performance Portal, Contract Management Portals, CERMView and eLogbooks, all as may be amended and updated by CBRE from time to time and (ii) any third party hosted software products which are provided under licence to CBRE by the third party including, but not limited to, Concept Reach and Concept Connect;

Premises the premises in respect of which any of the Products have been set up for the Client.

You are permitted, in accordance with the further terms below, to access and use any of the Products and the Documentation for the purpose of viewing information concerning the Premises which is available via any of the Products.

You must comply with any other instructions provided by CBRE, including those contained in the Documentation.  

The Products may only be used by you personally, and you must not allow access to the Products by any third party.

You must ensure that all Passwords are kept securely and are not disclosed or made available to third parties.

use any of the Products or the remote access facility provided by CBRE to provide any services to third parties;

make or attempt to make any copies of the Products (in any form or media);

make or attempt to make any of the Products or any copies of it available in any way to any third party, and in particular not to distribute any of the Products or share with or sub-licence, transfer, hire, rent, lease, loan any of the Products to any third party;

adapt, vary, modify or alter the whole or any part of any of the Products or combine, merge or incorporate the Products into any other program or attempt any such actions;

disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of any of the Products nor attempt to do any such things except to the extent that such actions cannot be prohibited by any law. 

The Documentation may only be used as required to enable the proper use of any of the Products and may not be shared, disclosed, distributed, copied or amended.

You have no right to have any access to the programming codes of any of the Products whether in object or source code form, or in any other unlocked coding of any kind.  You must not attempt in any way to remove or circumvent any security devices present within any of the Products which are intended to protect the integrity and functionality of any of the Products and must not to use any systems, processes, hardware or Product in connection with the Products which are intended to circumvent such protections.

You acknowledge that all Intellectual Property Rights in or arising from the Products and Documentation belong to:

2.1.1

CBRE in respect of  hosted software products owned by CBRE including, but not limited to, the product known as the CBRE FM Cloud and all products owned by CBRE that are accessed through the CBRE FM Cloud product including, but not limited to, the products known as WebQuote, Performance Portal, Contract Management Portals, CERMView and eLogbooks, all as may be amended and updated by CBRE from time to time;

2.1.2

A third party in respect of any third party hosted software products which are provided under licence to CBRE by the third party including, but not limited to, Concept Reach and Concept Connect;

use or disclose any information made available to you concerning the Products;

copy or disseminate to any third parties the Documentation or any screen grabs or other reproductions of the appearance of any of the Product’s screens and menus.

CBRE agrees not to use any information you have provided to it about yourself in order to register to use the Products except as necessary for the administration of the use of the Products.  CBRE shall be entitled to provide information regarding your access to the Products to the Client, if requested by the Client.

It may be necessary to suspend access from time to time for operational reasons.

CBRE may withdraw, prevent or restrict your access to all or any of the Products at any time, on giving not less than 7 days written notice, which could be provided by an alert on all or any of the Products. 

Additionally CBRE may withdraw, prevent or restrict your access to the Products immediately, without notice if you:

cease to be a person employed by, or contracted to, the Client or if the Client requires CBRE to deny you access to the Products;

have not, or if CBRE reasonably considers you have not, complied with any of these terms and conditions.

all access to the Products and all other activities authorised by these terms and conditions must cease immediately;

you must destroy or return to CBRE (at CBRE’s option) all Passwords and records of them, all copies of the Documentation you have. 

5.1

Any failure to exercise or delay in exercising a right or remedy by CBRE shall not affect CBRE's ability to exercise such right or remedy at any later time. 

These terms and conditions shall be governed by and construed in accordance with English law and each party hereby submits to the non-exclusive jurisdiction of the English courts.